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Is CBD Vape Oil Legal?

Upon initial introduction to CBD, you may be asking: is CBD vape oil legal in my state? The legality of CBD can be confusing, especially with the country’s ever-changing cannabis laws. Since CBD is a product of cannabis, it is understandable to assume that CBD is only legal where marijuana is legal. This is, however, not the case.

CBD is legal in all fifty United States. This is, provided, that it is derived from hemp, not marijuana. The difference? We’ll lay it out for you here.

The Difference Between Hemp and Marijuana

Both hemp and marijuana are cannabis plants. Think of it as a family tree: at the top, there is cannabis, followed by the three cannabis species, Cannabis sativa, Cannabis ruderalis, and Cannabis indica. Underneath C. sativa are hemp and marijuana. While they derive from the same family, hemp and marijuana are different plants. They vary in cultivation, application, and, most importantly, chemical makeup.

The legal distinction between hemp and marijuana is determined by the levels of THC in the plant. THC is the psychoactive compound that creates the high marijuana is infamous for. Marijuana is bred to have high levels of THC while hemp is bred to have low levels of THC. The final product of hemp must have less than 0.3% THC; anything above 0.3% is considered a product of marijuana.

The legal levels of THC are set by the 2014 U.S. Farm Bill. The bill describes “industrial hemp” as any derivative of the cannabis plant that is used for industrial purposes with a THC concentration of less than 0.3%. Under this bill, CBD derived from industrial hemp is legal in the United States.

CBD oil must also be sourced legally. Hemp is only legal for commercial growth in certain states. Hemp oil must be sourced from these states or be imported from countries where commercial hemp cultivation is legal.

Provided that these two requirements are met, CBD is legal in the United States.

Do you have any additional questions about the legality of CBD vape oil? Leave a comment below!

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